Need advice with Mortgage problem

[PlanB]

Re: Need advice with Mortgage problem

That's excellent news.

Free at last.

I wish you all the luck in the world in your new home

Plan B x

[Exclus]

Re: Need advice with Mortgage problem

Update: A month or so ago after the FOS gave a final decision we accepted the offer made by the bank, and have banked the cheque. We have also just exchanged contracts on the house and are moving very soon. It feels really great to out of the clutches of the bank and can now start to enjoy life a little. We won't have as much money as we had hoped (couldn't get out of paying a charging restriction) but we'll get by.Thanks to all for the help and advice, and to all those in debt - there is light at the end of the tunnel, you have to fight the banks all the way, and as Churchill said 'Never, never, never give up'.

[PlanB]

Re: Need advice with Mortgage problem

I've got your email

The bank has dealt with your vague complaint of mis-selling of the associated reserve bank account (no specific details supplied by you) not the mis-selling of the actual mortgage based on your wife's retirement age (joint mortgagee) which may /may not be the crux of the situation in order to prevent or defend any possession proceedings.

We didn't get to discuss this different issue before you fired off your letter to the bank.

Let's see where we can go from here.

Plan B x

[Exclus]

Re: Need advice with Mortgage problem

I can understand what you say, but in fact the FOS looked at the other complaints as one, and obviously until I receive the final response letter from the bank, the FOS are not involved in this complaint. Plus the fact that we've only just recently thought of mis-selling! I will look at the link you sent on.
My initial reaction when I get letters from the bank is to try and nip the problem in the bud, however I have a very analytical mind - I used to represent the county at chess - and now I try to take a step back and think some before taking any action.
As always I take your comments as being very helpful, and am grateful for any and all help.

[PlanB]

Re: Need advice with Mortgage problem

After requesting that the bank only contact me in writing untold times, for the last two mornings, just after 8.00am, we have been phoned by the bank. Obviously we don't answer as it's a withheld number, but they leave a message asking for me to contact them. I think it's to do with the complaint I have made about mis-selling.

Your latest complaint may have been allocated to a new employee who won't have read the file before calling you to attempt to resolve it over the phone. That's the way banks handle complaints these days. If they don't manage to make contact they'll send you a letter. The confusion is the way you've now got three separate complaints on the go when they may have been tackled better if they had been in one comprehensive complaint from the outset.

The success or not of your 'mis-selling' complaint will depend largely on how you present it. All you have done so far is add a paragraph into a letter about your other complaints so they may treat that as a "PS" and not a stand alone complaint. With respect, the complaint is looking a bit piecemeal at the moment.

I think you need to sit down and make a chronology of events. Who said what to whom and when. Number the paragraphs so these can be referred to as the investigation unwinds. Sift out any paperwork you can find to support what you claim took place. In some ways you're writing a Witness Statement for a court. Treat it in the same formal manner. Expect to start with a draft which will be amended several times before you're happy with the content.

At the moment the only thing I can reiterate is you need to be patient. Firing off letters which they may see as unstructured won't help your case.

Why not read these case studies in the current FOS newsletter on mortgages where you'll see that complaints regularly get upheld Then you'll begin to see how the mind of the FOS works. They rely heavily on what the complainant tells them and what evidence they have to support their grievance. The mortgage decisions are mostly based on fairness over and above contract terms.

http://www.financial-ombudsman.org.u...gages.html#cs9

Plan B x

[nanna58]

Re: Need advice with Mortgage problem

I think they are illiterate or dumb or both, so frustrating xxx

[Exclus]

Re: Need advice with Mortgage problem

After requesting that the bank only contact me in writing untold times, for the last two mornings, just after 8.00am, we have been phoned by the bank. Obviously we don't answer as it's a withheld number, but they leave a message asking for me to contact them. I think it's to do with the complaint I have made about mis-selling.
I have written once again to say everything must be in writing.

[Exclus]

Re: Need advice with Mortgage problem

I did follow up on Niddy's suggestion, and will send on the reply I received. In a nutshell they said that they couldn't help.
The FOS managed to get a set of T & C's for the mortgage reserve account, badly copied etc - Unbeknown to them I have actually found the copy we were given at the time of the mortgage. Never had a copy of the mortgage contract, or the application form. I was going to ask for a copy of the application form, but you thought I should hold back on that at present. Might be an idea to ask now, but sure they will say that they have not kept the application form.

[PlanB]

Re: Need advice with Mortgage problem

I'd complain to the ICO and argue the fact that the bank are refusing to send documents on a live product citing they only need to supply the last 6 years which is preposterous because the information I'm after relates to the sale of the product and associated communication at outset and throughout.

Thats the way you'd be arguing with the ICO

Exclus did you ever follow through Niddy's suggestion?

Can you confirm that the bank have still not provided the application form for the mortgage and linked reserve current account. And they've still not provided you with any Ts & Cs for the reserve account?

I would think your mortgage should be classed as still 'live' if it has a balance outstanding even if the term has expired. Ditto the current account.

Plan B x

[Exclus]

Re: Need advice with Mortgage problem

Yes, that's correct, but I took it that he would just tell them that the case was still with him, not that he would request them not to start any legal action. I hope you are right in your interpretation!

[PlanB]

Re: Need advice with Mortgage problem

Obviously I did not make it clear, but the FOS wrote to the bank to tell them that the case was being referred to an Ombudsman, and was therefore still with their office, not asking them to hold off any legal action.

You sent me a copy of an email from the FOS Adjudicator where he agreed to contact the Woolwich and he went on to say that he couldn't guarantee it would prevent legal proceedings.

Or did I imagine that ?

Plan B x

[Exclus]

Re: Need advice with Mortgage problem

Obviously I did not make it clear, but the FOS wrote to the bank to tell them that the case was being referred to an Ombudsman, and was therefore still with their office, not asking them to hold off any legal action. Haven't heard from the bank since I sent the letter last week, but expecting to receive something from their lawyers soon.
I'll send you on a copy of the letter I sent to the bank. I took the view that they might hold off on any action if it looked likely that mis-selling had taken place, and by making a formal complaint it would make them investigate.
Had a viewer for the house today, but not too hopeful.

[PlanB]

Re: Need advice with Mortgage problem

I wrote to the bank last week (you have seen it) . . . and including in the letter (the bit you didn't see) I said that I believed that the original mortgage had been mis-sold to me, and was making a formal complaint. I quoted a couple of reasons, but want to put together a more detailed letter, and wondered if you had come up with any ideas about mis-selling that I could include. Seems to me that the more reasons I come up with the more investigation they have to do, and the more to put to the FOS in a further complaint..

That may not have been the best strategy (adding in the mortgage mis-selling issue to your letter) but I'm sure it hasn't done any harm.

Can you email me a copy of that letter you sent the Woolwich please. I've only seen the version before you changed it.

I'm studying a FOS Decision on mis-selling a loan (Blackhorse) which would have expired after retirement age where they found in the customer's favour. I'm looking to see if there may be any parallels with your situation (there may not). My tactic being to send it to the FOS to demonstrate if they took that view once then they should take it again in your case (if appropriate). A bit like using case law in the county court.

Please don't rush things since the whole idea was to drag this out to:

(a) prevent possession proceedings from being issued while talks continue (FOS investigation)

(b) build a paper trail of relevant documents in case you find yourself in court

(c) tease information out of the bank which can do them damage in preparation of any court action

(d) buy you time to sell your home if push comes to shove.


Have you had any update from the FOS Adjudicator who wrote to the Woolwich to ask them to hold off possession proceedings while your complaint is investigated? That's the most important next step. Ring him for news. But don't mention mortgage mis-selling during the call.

Plan B x

[Exclus]

Re: Need advice with Mortgage problem

PlanB - I wrote to the bank last week (you have seen it), know they got it because it was signed for, and including in the letter (the bit you didn't see) I said that I believed that the original mortgage had been mis-sold to me, and was making a formal complaint. I quoted a couple of reasons, but want to put together a more detailed letter, and wondered if you had come up with any ideas about mis-selling that I could include. Seems to me that the more reasons I come up with the more investigation they have to do, and the more to put to the FOS in a further complaint.
Although I've addressed this to PlanB, if anyone else has got any ideas please let me know.

[PlanB]

Re: Need advice with Mortgage problem

This has now been escalated to an Ombudsman (Adjudicator's findings rejected).

The FOS Adjudicator has written to Barclays to ask them to hold off possession proceedings until a Final Decision has been made. No guarantee they'll agree but if you don't ask you don't get

I'm unimpressed at the Adjudicator putting pressure on Exclus to sell his home. They're supposed to investigate a complaint not run your life.

Plan B x